Victorian CFMEU Secretary John Setka has failed in his bid to win special leave from the High Court to challenge an appeal court ruling on a defamation claim against Prime Minister Tony Abbott and Sky News.

On 19 June, Chief Justice Robert French and Justices Stephen Gageler and Patrick Keane this refused to grant Setka special leave, saying they remained unpersuaded by his arguments.

Mr Setka launched the case against Mr Abbott and Sky News over comments the Prime Minister made during a question and answer session at a Master Builders Association of Victoria conference in February 2012 when he allegedly implied the union leader had engaged in “thuggery” and conducted “home visits”.

The court rejected the application and ordered costs against him.